In re Adoption of A.A.B.
Annotate this CaseThe South Dakota Department of Social Services (DSS) received custody of two minor children after a circuit court terminated the parents’ parental rights through abuse and neglect proceedings. Petitioners were foster parents who had been caring for one child until DSS informed them that it wanted to place the child in the home of other foster parents with the child’s sibling. Petitioners filed petitions for adoption of the two minor children. DSS moved to dismiss the petitions, alleging that Petitioners lacked standing to petition to adopt children that are in the custody of DSS without the consent of DSS. The circuit court denied DSS’s motions to dismiss the petitions, concluding that S.D. Codified Laws 25-6 allowed Petitioners to adopt children within the custody of DSS without DSS’s approval. The Supreme Court affirmed, holding that Petitioners had standing to initiate adoption proceedings under section 25-6.
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